Supreme Court· 5/13/1963
Namet v. United States
Citations
- 373 U.S. 179
- 83 S. Ct. 1151
- 10 L. Ed. 2d 278
- 1963 U.S. LEXIS 2622
- 11 A.F.T.R.2d (RIA) 2039
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- knowing that witness will invoke the Fifth Amendment yet asking questions that incriminate witness and defendant constitutes prosecutorial misconduct where adverse inference of defendant's guilt results
- noting inferences raised by questions that witnesses declined to answer were at most cumulative and not prejudicial
- noting that it is reversible error for the prosecution to cross-examine a witness about the prior invocation of the Fifth Amendment privilege when the purpose is to “build [the Government’s] case out of inferences arising from the use of testimonial privilege”
- allowing the government to ask some questions of witnesses who had invoked their privilege against self-incrimination
- discussing two theories that may support reversible error grounded on introduction of witness’s claim of Fifth Amendment privilege
- characterizing United States v. Maloney, 262 F.2d 535, 537 (2d Cir.1959)
Source: CourtListener parenthetical corpus (CC0).
Judges: Stewart, Black, Douglas
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